Opinion · Nylaw New York

MATTER OF MAPES v. SWEZEY, 279 App. Div. 660 (1951)

In the Matter of EDGAR MAPES, Appellant, against JOHN R. SWEZEY, as Mayor ofthe Vill. of Patchogue, et al., Respondents., 279 A.D. 660 (Appellate Division of the Supreme Court of New York, Second Department. 1951)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1951-11-05
Topic: general

MATTER OF MAPES v. SWEZEY, 279 App. Div. 660 (1951) In the Matter of EDGAR MAPES, Appellant, against JOHN R. SWEZEY, as Mayor ofthe Village of Patchogue, et al., Respondents.Appellate Division of the Supreme Court of New York, Second Department. November 5, 1951.

Citator

UpLaw has not yet analyzed MATTER OF MAPES v. SWEZEY, 279 App. Div. 660 (1951). The absence of a flag is not a finding that it is good law.

MATTER OF MAPES v. SWEZEY,279 App. Div. 660(1951)

In the Matter of EDGAR MAPES, Appellant, against JOHN R. SWEZEY, as Mayor of

the Village of Patchogue, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

November 5, 1951.

Proceeding pursuant to article 78 of the Civil Practice Act for an adjudication that respondent Mazzotti is ineligible to hold office as village trustee and that petitioner is a holdover. Order, on reargument, dismissing petition reversed on the law, without costs, and application of petitioner granted, without costs, and it is ordered that respondent Mazzotti be restrained from acting as village trustee as the result of an alleged election on March 20, 1951; and it is adjudged that petitioner is an incumbent and entitled to hold office as trustee until such time as a duly qualified successor assumes the office. The facts set forth in the petition and reply, which are evidenced by the annexed exhibits relating to the public records, are admitted by the respondents. They establish the ineligibility of respondent Mazzotti for the reason that he was not a village property owner of record at the time of the election. (Village Law, § 42;Matter of Mapesv.Swezey,278 App. Div. 959.) The vacancy arising from Mazzotti's ineligibility made petitioner the incumbent as a holdover, there being no other, until a duly qualified successor is chosen and assumes office. (People exrel. Stalterv.Lynch,219 App. Div. 1,5, affd.245 N.Y. 534. ) Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.